Mar 24, 2015, 9:39 AM
The high court in
The bail condition further stipulated that the surety must produce a title deed within the jurisdiction, and the accused person was ordered to surrender all his travel documents to the registrar of the court.
Gilly Joof was recently arraigned at the Banjul Magistrates’ Court for being in possession of a prohibited drug.
When the case was called yesterday, defence counsel Kebba Sanyang told the court that the defence wanted to move the motion for bail for the accused person.
He added that the applicant filed a motion on 2 May 2012, and was supported with an affidavit, seeking for bail for the accused person pending the outcome of the case.
Counsel argued that the applicant was arrested for being in possession of prohibited drugs in 2011, noting that the applicant used to report on bail constantly, while on police bail.
He added that because the accused person was arraigned before the court means the investigation was completed, adding that bail was at the discretion of court and, more so, the alleged offence was bailable.
In response, state counsel Njameh Jallow told the court the state had filed an affidavit in opposition to deny bail to the accused, adding that the affidavit was filed on 25 April 2012.
She asserted that in crimes of this nature, if the court grants the accused person bail there was a likelihood that he might fail to turn up for trial.
In delivering his ruling, Justice Edrissa Mbai told the court that he had listened to the submission of both parties, and the only issue arising for determination was whether the applicant should be granted bail or whether there was enough reason not to grant the accused person bail.
He added that he had agreed with the defence counsel that the offence allegedly committed was a bailable one, and the state counsel had not advanced any reason as to why the accused person should not be entitled to bail.
He consequently granted the accused person bail on the conditions stated above.